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PICCHIONE v. SWEET CONSTRUCTION CORP.

60 A.D.3d 510 (2009)

875 N.Y.S.2d 42

ARTHUR PICCHIONE, Respondent, v. SWEET CONSTRUCTION CORP. et al., Respondents-Appellants, and FIRST LEXINGTON CORPORATION et al., Appellants. FIRST LEXINGTON CORPORATION et al., Third-Party Plaintiffs-Appellants, v. DISCOVERY COMMUNICATIONS, INC., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendants. DISCOVERY COMMUNICATIONS, INC., Third-Party Plaintiff-Appellant, v. ARC ELECTRIC CONSTRUCTION CO., Third-Party Defendant-Appellant. FIRST LEXINGTON CORPORATION et al., Third-Party Plaintiffs-Appellants, v. DISCOVERY NEW YORK, INC., Third-Party Defendant-Respondent. (And Two Other Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 17, 2009.

Plaintiff was employed as a foreman by Arc, a subcontractor working on the gut renovation and build out of office space on the eighth floor of a building owned by First Lexington and managed by Rudin. Sweet was the general contractor, hired by Discovery Communications, the tenant occupying the premises under a lease between First Lexington and Discovery New York, the parent of Discovery Communications.

Plaintiff allegedly sustained a lower back injury while pushing...

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